Employer Responsibilities

IF YOU EMPLOY PEOPLE, YOU MUST:

  • Tell the Workplace Safety and Insurance Board within 10 days of hiring the first worker.
  • Report your payroll and pay premiums.

IF YOU DO NOT REGISTER AS AN EMPLOYER, there will be a financial penalty and/or legal charges.

Workers are covered even if the employer is not registered.

As the employer, you will have to pay the direct costs for any workplace injury or illness claim, plus penalties.

Report workplace injuries promptly

If your employee is injured at work or gets sick because of their job, report it to the Workplace Safety and Insurance Board (WSIB) within three days of learning about it. This is the law.

To report a workplace injury or disease, fill out an Employer’s Report of Injury/Disease and send it to the WSIB.

For each accident you do not report there is a fine of $250.

The law covers full time and part time workers.

Employers in Ontario pay premiums for this protection for their workers. Workers injured on the job cannot sue their employer, but they can get money to replace lost wages while they are off work after their injury.

Benefits also cover prescription drugs and health care treatments. These services are free for workers.

Construction

A construction employer’s is obligated to to re-employ when they are notified that an injured construction worker, who has been “unable to work”, is medically able to return to work and carry out

  • suitable construction work, or
  • suitable non-construction work.
  • the essential duties of his or her pre-injury job

After being notified, the employer must offer to re-employ the injured worker in the first job that becomes available and is suitable with the worker’s medical ability to return to work.

The employer must accommodate the work and the workplace to the needs of the worker to the extent that the accommodation does not cause the employer undue hardship.

In all cases where the worker is medically able to carry out some type of construction work and the employer has more than one construction job available must offer to re-employ the worker in the construction job that is comparable to the one the worker had on the date of injury.

Duration of the Requirements

The employer’s requirement to re-employ continues until:

  • one year after the worker is medically able to do the essential duties of the pre-injury job
  • the date the worker declines an offer of work, or
  • the date the worker reaches age 65.
  • two years from the date of injury

Re-employing injured Workers

Employers continue to have responsibilities to their workers who have a work-related injury or illness.  This includes an commitment to help workers return to employment following a work-related injury or illness.

Employers must:

  • Maintain employment benefits for a period of one year from the date of injury for all workers who are absent from work because of a work-related injury/disease
  • Re-employ their workers, as described below, including accommodating the worker if required.

Re-employment requirements

  1. If the worker has worked continuously for an employer for one year, and the employer normally employs 20 or more workers, the employer must offer to re-employ the injured worker in the pre-accident job, a similar job, or a suitable job.
  2. The obligation to re-employ lasts for:
    • two years after the date of the injury
    • one year after the worker is able to do the essential duties of their pre-accident job, or
    • the date the worker reaches age 65.
  3. The re-employment obligations prevail over a collective agreement if the re-employment obligations offer greater protection to the worker. In layoff situations, the duty to accommodate does not require employers to keep injured workers at work who have less seniority than their uninjured co-workers.
  4. If an employer terminates a worker within six months of re-employment, the employer must show that the termination was not related to the worker’s injury.
  5. If employers fail to fulfil their re-employment obligations, the WSIB can penalize them and make payments to the worker. Any re-employment penalty is considered an amount owing to the WSIB at the time the penalty is charged.